Compiled from: Tianxin Court, Red Star News
 
Case review
On October 27, 2021, plaintiff Hu sued defendant Chen in Changsha Tianxin District People's Court, requesting the court to change the custody of their daughter Hu Qianxi to plaintiff Hu.

 

The court found that in the first month after the divorce, the defendant lived with the child in a house in Hunan University's residential area. After the defendant remarried, she moved out of that house and rented another. Due to a busy schedule, she did not send the child to school for the first two to three weeks after moving out. Based on this, the plaintiff began arranging full-time care and a nanny for the child. From December 10, 2020, until the court hearing, the child was in full-time care with a nanny, living alone with the nanny. During this period, the plaintiff bore all costs for care, nanny fees, and living expenses, while the defendant covered extracurricular interest class fees, after-school program fees, milk, and pocket money.
 
On January 6, 2022, at the Tianxin District Court in Changsha. When the judge read out "the defendant has neglected her child support obligations and guardianship duties," the mother Chen, sitting in the defendant's seat, could no longer hold back and sobbed through her mask.

Although the court ultimately ruled that custody still belonged to Chen, it corrected her dereliction of duty in accordance with the law and issued a "Family Education Order." This was the first "Family Education Order" issued nationwide after the "Family Education Promotion Law" took effect. The order stipulated that Chen must not allow her 8-year-old child to live alone with a nanny, but should have the child live with her, and personally or through close relatives raise and accompany the child.

 
 

 
"Law on the Protection of Minors"
Article 129
Violations of this law that infringe upon the lawful rights and interests of minors, causing personal, property, or other damages, shall bear civil liability in accordance with the law.
 
 
Family Education Promotion Law
Article 54
Violations of this law that constitute acts against public security administration shall be subject to public security administrative penalties by public security organs in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

 

 
[1] The author's perspective
As parents, one should pay more attention to their children's physical, psychological, and emotional needs, and actively cooperate in completing the nine-year compulsory education, nurturing both character and talent. In daily life and studies, they should maintain frequent contact and communication with school teachers to gain a comprehensive understanding of their child's specific situation. Furthermore, the defendant Chen, as the child's custodian and guardian, must earnestly fulfill his guardianship duties, assume primary responsibility for family education, live with Hu Qiaoxi, and personally raise and accompany her, either by himself or with close relatives.
 
This "Family Education Order" is valid for one year. Before the ruling expires, if the defendant Chen violates the order, he may face reprimands, fines, or detention depending on the severity of the case; if it constitutes a crime, criminal liability may be pursued according to law. This shows that a child is not an object; once born, one must be fully responsible and not neglect them. In recent years, similar incidents of irresponsible parents have emerged frequently. The issuance of this "Family Education Order" not only addresses the realities of family life but also serves as a means for the people's court to appropriately intervene when parents refuse or neglect their family education responsibilities, while also protecting the rights of minors. The author hopes this serves as a wake-up call for all parents: a child's growth happens only once, and they need their parents' companionship.